BREXIT’s Impact on Cosmetics Compliance
The United Kingdom formally left the European Union on January 31, 2020. Cosmetics companies had until December 31, 2020 (transition period) to comply with the requirements of the “The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, Schedule 34”, the so-called “UK Cosmetics Regulation”.
A company marketing or wishing to market cosmetic products in the United Kingdom thereafter needs to be represented by a Responsible Person based in the UK and comply with the requirements listed below.
Before launching your brand in the UK, pay attention that you took the right decisions as they may affect your success in the long run. Our recommandation for you is to select a qualified partner who will support your development on both sides of the Channel.
UK Responsible Person
Since January 1st, 2021, a Responsible Person in the UK is required in order to sell cosmetic products in the country. A cosmetics brand selling both in the EU and in the UK needs a local Responsible Person for each economic area.
As reported in this comprehensive article, finding a new Responsible Person to represent products in the EU or in the UK is not a task to take lightly. Among other recommendations, a cosmetics brand should try to find one Responsible Person with offices both in the EU and in the UK who can, therefore, represent products in both regions. Indeed, a new Responsible Person will typically audit cosmetic product dossiers to ensure that they comply with the legislation and to avoid taking unreasonable risks. Such an audit comes with additional costs and takes time. For that reason, working with only one Responsible Person is the most cost-effective option for cosmetics brands.
Product Information Files must be updated to display the name of the EU and the UK Responsible Persons. Furthermore, it should be ensured that Cosmetic Product Safety Reports are signed by qualified toxicologists with degrees recognized in the UK (for the UK market) and in the EU (for the EU market).
Responsible Person’s contact details
When selling in the UK, the UK Responsible Person’s contact details have to be included on the product label.
EU and UK Responsible Persons’ names and addresses must be included on the label if the product is sold in both territories.
According to EU regulations, the country of origin needs to be included on the product label if this country is outside the EU.
- If you are manufacturing in the UK and selling in the EU, the words “Made in the UK” must be added to your label.
- If you are manufacturing in the EU and selling in the UK, the words “Made in country of origin” must be added to your label.
Only products complying with these new labeling requirements will be made available on the UK and EU markets by February 1st, 2022.
The inverted epsilon ‘3’ is displayed on aerosol dispensers intended for the EU market to confirm compliance with Council Directive EEC No 75/324. The equivalent British statutory instrument foresees inclusion of the words ‘UKCA’ instead of the ‘3’ to mean that the product complies with the applicable legal requirements. Beginning January 1st, 2022, only products including the UKCA label will be allowed in the UK market. Both the UKCA label and the ‘3’ can be displayed on the same label if the product is sold both in the EU and the UK.
Each product has to be re-notified in a new notification system in order to be allowed for sale in the UK. No automatic transfer between the CPNP and this new British notification portal (SCPN) has been developed. The British system was made available on January 1st, 2021, and is relatively similar to CPNP. All cosmetic products currently for sale in the UK market had to be re-notified within 90 days from the end of the transition period (namely March 31st, 2021).
A product sold in both markets must be notified both in the CPNP and the SCPN.
Cosmetic products currently represented in the EU by a Responsible Person located in the UK (and having no offices in the EU) have to be transferred to a Responsible Person located in the EU. This transfer could be made automatically until the end of the transition period. Since December 31st, 2020, the CPNP accounts for Responsible Persons located in the UK are definitively blocked and the CPNP notifications not yet transferred are frozen forever. New cosmetic products and cosmetic products not transferred at the end of the transition period must be (re-)notified manually in the CPNP.
How does BIORIUS assist you?
BIORIUS ensures your presence in both the EU and the UK by certifying that your products are 100% compliant in both territories!
1. Responsible Person
BIORIUS has offices in both the EU and the UK, allowing us to serve as Responsible Person in both areas.
At BIORIUS, we made the decision not to increase our legal representation prices for covering UK after the end of the transition period. We will serve as Responsible Person in the UK as well as in the EU for the same rates as before.
Using our regulatory expertise, BIORIUS reviews your labels to ensure their compliance in the EU and the UK after BREXIT.
BIORIUS notifies your cosmetic products in the CPNP and in the new UK notification system to enable you to market them in both territories.
Many other technical assets speak in favour of BIORIUS such as the presence of toxicologists recognized as qualified Safety Assessors on both sides of the Channel.